Grounds for Divorce in New York

Divorce proceedings are often a complicated and tiring process for couples. In the state of New York, spouses are required to meet certain requirements before the may begin the proceedings. One of the first requirements is for them to cite grounds for their divorce. While many people believe divorces are a result of one spouse “fault” for the end of the marriage, this is not always true. In New York, spouses are able to cite fault or no-fault grounds for their divorce.

Fault Grounds

When the process of a divorce begins, spouses can cite fault grounds to end their marriage. When a spouse cites fault grounds in a divorce, it means the other spouse participated in an action or activity that caused the end of their marriage. In the state of New York, there are several grounds to choose from when citing fault grounds. This can include:

  • Adultery
  • Desertion
  • Non-support
  • Impotence
  • Imprisonment of 5 or more years
  • Gross habits of intoxication
  • Cruel and abusive treatment

Often times, spouses are unsure if they want to cite fault grounds in a divorce. This is because of the possibility of litigation in addition to the chance it creates more problems between them and their spouse. When one spouse cites fault grounds, the other spouse is able to answer the accusation. This can possibly leading to further legal issues. People often believe that when fault grounds is cited, it can affect the outcome of the divorce. However, fault grounds usually do not have an impact on the outcome of divorce proceedings.

No-Fault Grounds

When no-fault grounds is cited in a divorce, it means neither spouse wishes to hold the other responsible for the end of their marriage. In the event of this, the divorce proceedings may begin and spouses can begin to settle marital issues. No-fault grounds in a divorce is also known as an “Irretrievable Breakdown of Marriage.” This requires spouses to agree on all marital assets before they may file for divorce. These issues may include child custody, child support, parenting time, alimony, and the division of assets. In this case, the couple has the opportunity to decide the method they wish to use to divorce. Different methods consist of mediation, arbitration, collaborative divorce, or private discussions.

Contact our Firm

If you or someone you know is going through a divorce and wishes to speak with an experienced attorney, contact Peter V. Mandi & Associates, Inc. today.

Peter V. Mandi, Esq. is an experienced divorce and family law attorney located in Bohemia, New York. If you require strong and dedicated legal representation in Long Island, New York, contact Peter V. Mandi & Associates, Inc. today for a free consultation.